- Location
- Desert Beach So Cal
TO: United Four Wheel Drive Associations
FROM: Carla Boucher, Attorney
RE: Planning Rule from Bush Administration
DATE: March 18, 2003
When forwarding this on please give proper attribution to Carla Boucher and United Four Wheel Drive Associations. Thank you.
WHAT: The Bush administration has created a proposed rule to amend the regulations governing the U.S. Forest Service process for revising and amending forest plans.
This new proposed rule would amend the Clinton Administration's 2000 Planning Rule.
BACKGROUND:
* PHASE 1:
Until the 2000 Clinton Rule was made final, land and resource management plans (forest plans) were revised every 10 to 15 years as regulated by the National Forest Management Act (NFMA). Forest plans direct long-term management of the national forests by establishing goals for the forest. Then, when individual projects are needed, those projects are implemented based upon the goals of the forest plan.
The National Forest Management Act was passed by Congress in 1976. Section 6 of the act states that forest plans have two goals when they are being developed:
(1) to provide for multiple use and sustained yield of the products and services obtained therefrom in accordance with the Multiple-Use, Sustained Yield Act of 1960, and in particular, include coordination of outdoor recreation, range, timber, watershed, wildlife and fish, and wilderness; and
(2) to determine forest management systems, harvesting levels, and procedures in light of all of the uses set forth in subsection (c)(1), the definition of terms "multiple use" and "sustained yield" as provided in the Multiple-Use, Sustained-Yield Act of 1960, and the availability of lands and their suitability for resource management.
To carry out these two goals, and to comply with the National Environmental Policy Act (NEPA), the Forest Service developed regulations for themselves to follow in making forest plans. It is these regulations (adopted in 1982) that the 2000 Clinton rule changed.
* PHASE 2:
The Clinton Administration's 2000 Planning Rule amended the 1982 regulations. The biggest change made in 2000 was to change the focus of forest planning from multiple-use and sustained-yield to focusing on species and ecological viability and sustainability to the exclusion of multiple-use by returning forest composition to what it looked like during Pre-European times. European settlement of the United States was around 1565 when the Spanish founded the first permanent European town of St. Augustine, Florida. Remember, Lewis and Clark did not settle the West until the 1800s. The first book was not printed in the Colonies until 1640, and European Settlement occurred 200 years BEFORE Benjamin Franklin experimented with electricity (1747). European settlement occurred 300 years before the first steam engine was invented, and 400 years before the first gas engine was invented. The point here is that a forest composition resembling Pre-European times would certainly have no roads or trails, which is precisely the point of those who drafted the 2000 rule.
* PHASE 3: Now, the Bush administration is proposing changes to the 2000 regulations. The purpose of this new rule is to return to the legally-mandated focus of sustainability and multiple use as required by NFMA and the Multiple-Use Sustained-Yield Act. This new rule proposes a planning process that focuses both on yield and ecological sustainability.
THIS RULE:
Here is an outline of the new rule:
STEP 1:
1) Origination of issues or opportunities: Can originate from various sources
2) Consideration of issues or opportunities: Responsible Official (RO) has discretion to determine whether a matter is appropriate for consideration for an amendment or revision and can weigh:
a) scientific basis and merit of info. available
b) the scope of the issue
c) statutory requirements
d) organizational and available resources
3) If RO determines issues should be addressed through amendment or revision he
a) reviews the best available science and other info. as part of the planning process.
b) he should use existing info. but may use new info. if it can be had at reasonable cost in a timely manner.
STEP 2: R.O. determines whether NEPA applies and may categorically exclude a plan as provided in agency NEPA procedures.
STEP 3: Amending and Revising Plans
1) AMENDMENTS (219.7):
a) Must provide opportunity for collaboration pursuant to 219.12
b) If an EIS is warranted the amendment is "significant"
1) issue NOI
2) provide 90 day comment period
3) prepare DEIS
4) provide 90 day comment period
5) provide prior opportunity to object to proposed amendment or FEIS
c) Can issue an Interim Amendment (IA) for a limited time
1) If RO is Regional Forester or higher
2) duration must be stated and can not exceed 4 years
3) IA can be renewed after 4 years if notice published in paper and public comment taken
4) IA is NOT subject to objection (219.19)
2) REVISIONS (219.8):
a) Plans must be revised every 15 years, sooner if RO determines conditions have significantly changed.
1) to initiate revision RO must prepare:
i) description of current management situation
ii) summary of issues for consideration
iii) summary of current and new info. relevant to the issues
2) RO must consult with Indian tribes, local, state, and fed. Gov't
b) After steps above have been prepared RO must give notice of initiation of revision
1) If EIS to be prepared a NOI must be published FR
2) If no EIS then notice of initiation must be published in newspaper
c) RO must provide 90 day comment period on draft revision. Notice of availability of draft must be given:
1) for an revision for which the Chief or Secy. is RO or if an EIS is prepared - notice must be given in FR
2) for all other revisions - notice must be given in newspaper
d) Before approving revised plan RO must give notice that proposed final plan and any FEIS are subject to the objection process of 219.19.
STEP 4: Tenants of planning
1) SUSTAINABILITY Must insure that plan provides resources based on components of sustainability (from MUSYA): Social, economic, and ecological
a) RO must assess economic and social information appropriate to the issues. RO should
1) find out from interested parties what values they want to see sustained and the benefits they want to get from the forest
2) consider how human activities and social and economic conditions and trends affect the ecological component of sustainability for the forest and around the forest and how people can contribute to maintaining and restoring forest health
3) assess how land management has affected or will affect the contribution of forest lands to social and economic systems.
(PICK EITHER b(1) OR b(2) FOR THE FINAL RULE)
b1) Implements a species viability component similar to the 1982 regulations.
b2) Does not use a species viability component but relies on spatial, temporal, and disturbance regime analyses, focusing on large areas rather than localized planning area, emphasizes forest composition similar to a longer time in the distant past (Pre-European) rather than a shorter time, and focuses on addressing (correcting) human-caused disturbances.
2) CONSIDERATION OF SCIENCE IN PLANNING: RO must use best available science using independent peer review, science advisory board, or other means to verify consistency of science.
3) SPECIAL DESIGNATIONS:
(a) RO may use plan to allocate specific areas to special designations and recommend areas for special designation to higher-level authorities.
(b) Special designations are areas identified for their unique or special characteristics and include:
(1) Congressionally designated areas - ie. Wilderness, Wild and Scenic Rivers, national trails, scenic areas, recreation areas, national monuments.
(2) Administratively designated areas - ie. Geological areas, significant caves, botanical areas, cultural/heritage areas, research natural areas, and scenic byways.
(3) Inventoried Roadless Areas - Inventoried Roadless Areas must be evaluated and considered for recommendation as potential wilderness areas during the initial plan or revision process.
STEP 5: OBJECTIONS OF PLANS
a) Before approving a plan, amendment, or revision, the RO must provide 30 days for public review of the plan. If an EA or EIS is prepared, the FEIS or EA must also be available for review during this time.
FROM: Carla Boucher, Attorney
RE: Planning Rule from Bush Administration
DATE: March 18, 2003
When forwarding this on please give proper attribution to Carla Boucher and United Four Wheel Drive Associations. Thank you.
WHAT: The Bush administration has created a proposed rule to amend the regulations governing the U.S. Forest Service process for revising and amending forest plans.
This new proposed rule would amend the Clinton Administration's 2000 Planning Rule.
BACKGROUND:
* PHASE 1:
Until the 2000 Clinton Rule was made final, land and resource management plans (forest plans) were revised every 10 to 15 years as regulated by the National Forest Management Act (NFMA). Forest plans direct long-term management of the national forests by establishing goals for the forest. Then, when individual projects are needed, those projects are implemented based upon the goals of the forest plan.
The National Forest Management Act was passed by Congress in 1976. Section 6 of the act states that forest plans have two goals when they are being developed:
(1) to provide for multiple use and sustained yield of the products and services obtained therefrom in accordance with the Multiple-Use, Sustained Yield Act of 1960, and in particular, include coordination of outdoor recreation, range, timber, watershed, wildlife and fish, and wilderness; and
(2) to determine forest management systems, harvesting levels, and procedures in light of all of the uses set forth in subsection (c)(1), the definition of terms "multiple use" and "sustained yield" as provided in the Multiple-Use, Sustained-Yield Act of 1960, and the availability of lands and their suitability for resource management.
To carry out these two goals, and to comply with the National Environmental Policy Act (NEPA), the Forest Service developed regulations for themselves to follow in making forest plans. It is these regulations (adopted in 1982) that the 2000 Clinton rule changed.
* PHASE 2:
The Clinton Administration's 2000 Planning Rule amended the 1982 regulations. The biggest change made in 2000 was to change the focus of forest planning from multiple-use and sustained-yield to focusing on species and ecological viability and sustainability to the exclusion of multiple-use by returning forest composition to what it looked like during Pre-European times. European settlement of the United States was around 1565 when the Spanish founded the first permanent European town of St. Augustine, Florida. Remember, Lewis and Clark did not settle the West until the 1800s. The first book was not printed in the Colonies until 1640, and European Settlement occurred 200 years BEFORE Benjamin Franklin experimented with electricity (1747). European settlement occurred 300 years before the first steam engine was invented, and 400 years before the first gas engine was invented. The point here is that a forest composition resembling Pre-European times would certainly have no roads or trails, which is precisely the point of those who drafted the 2000 rule.
* PHASE 3: Now, the Bush administration is proposing changes to the 2000 regulations. The purpose of this new rule is to return to the legally-mandated focus of sustainability and multiple use as required by NFMA and the Multiple-Use Sustained-Yield Act. This new rule proposes a planning process that focuses both on yield and ecological sustainability.
THIS RULE:
Here is an outline of the new rule:
STEP 1:
1) Origination of issues or opportunities: Can originate from various sources
2) Consideration of issues or opportunities: Responsible Official (RO) has discretion to determine whether a matter is appropriate for consideration for an amendment or revision and can weigh:
a) scientific basis and merit of info. available
b) the scope of the issue
c) statutory requirements
d) organizational and available resources
3) If RO determines issues should be addressed through amendment or revision he
a) reviews the best available science and other info. as part of the planning process.
b) he should use existing info. but may use new info. if it can be had at reasonable cost in a timely manner.
STEP 2: R.O. determines whether NEPA applies and may categorically exclude a plan as provided in agency NEPA procedures.
STEP 3: Amending and Revising Plans
1) AMENDMENTS (219.7):
a) Must provide opportunity for collaboration pursuant to 219.12
b) If an EIS is warranted the amendment is "significant"
1) issue NOI
2) provide 90 day comment period
3) prepare DEIS
4) provide 90 day comment period
5) provide prior opportunity to object to proposed amendment or FEIS
c) Can issue an Interim Amendment (IA) for a limited time
1) If RO is Regional Forester or higher
2) duration must be stated and can not exceed 4 years
3) IA can be renewed after 4 years if notice published in paper and public comment taken
4) IA is NOT subject to objection (219.19)
2) REVISIONS (219.8):
a) Plans must be revised every 15 years, sooner if RO determines conditions have significantly changed.
1) to initiate revision RO must prepare:
i) description of current management situation
ii) summary of issues for consideration
iii) summary of current and new info. relevant to the issues
2) RO must consult with Indian tribes, local, state, and fed. Gov't
b) After steps above have been prepared RO must give notice of initiation of revision
1) If EIS to be prepared a NOI must be published FR
2) If no EIS then notice of initiation must be published in newspaper
c) RO must provide 90 day comment period on draft revision. Notice of availability of draft must be given:
1) for an revision for which the Chief or Secy. is RO or if an EIS is prepared - notice must be given in FR
2) for all other revisions - notice must be given in newspaper
d) Before approving revised plan RO must give notice that proposed final plan and any FEIS are subject to the objection process of 219.19.
STEP 4: Tenants of planning
1) SUSTAINABILITY Must insure that plan provides resources based on components of sustainability (from MUSYA): Social, economic, and ecological
a) RO must assess economic and social information appropriate to the issues. RO should
1) find out from interested parties what values they want to see sustained and the benefits they want to get from the forest
2) consider how human activities and social and economic conditions and trends affect the ecological component of sustainability for the forest and around the forest and how people can contribute to maintaining and restoring forest health
3) assess how land management has affected or will affect the contribution of forest lands to social and economic systems.
(PICK EITHER b(1) OR b(2) FOR THE FINAL RULE)
b1) Implements a species viability component similar to the 1982 regulations.
b2) Does not use a species viability component but relies on spatial, temporal, and disturbance regime analyses, focusing on large areas rather than localized planning area, emphasizes forest composition similar to a longer time in the distant past (Pre-European) rather than a shorter time, and focuses on addressing (correcting) human-caused disturbances.
2) CONSIDERATION OF SCIENCE IN PLANNING: RO must use best available science using independent peer review, science advisory board, or other means to verify consistency of science.
3) SPECIAL DESIGNATIONS:
(a) RO may use plan to allocate specific areas to special designations and recommend areas for special designation to higher-level authorities.
(b) Special designations are areas identified for their unique or special characteristics and include:
(1) Congressionally designated areas - ie. Wilderness, Wild and Scenic Rivers, national trails, scenic areas, recreation areas, national monuments.
(2) Administratively designated areas - ie. Geological areas, significant caves, botanical areas, cultural/heritage areas, research natural areas, and scenic byways.
(3) Inventoried Roadless Areas - Inventoried Roadless Areas must be evaluated and considered for recommendation as potential wilderness areas during the initial plan or revision process.
STEP 5: OBJECTIONS OF PLANS
a) Before approving a plan, amendment, or revision, the RO must provide 30 days for public review of the plan. If an EA or EIS is prepared, the FEIS or EA must also be available for review during this time.
